Description:
"...This note examines some of the key legal and policy implications of the Myanmar–Japan Bilateral Investment Treaty
(BIT).
This treaty was signed on December 15, 2013 but, at the time of writing, does not appear to have entered
into force. Although Myanmar is already a party to a handful of bilateral and multilateral investment treaties,
the
Myanmar–Japan BIT is particularly significant for two reasons. The first is that it is the first investment treaty to be
negotiated and signed by the transitional government that took power in 2011. As such, it provides insights into
how the current Government might approach other investment treaty negotiations over the coming years. The
second reason is that the Myanmar–Japan BIT differs significantly from recent ASEAN investment treaty practice
(to which Myanmar is a party). For one, the investment protection provisions of the Myanmar–Japan BIT use older-
style language, thereby leaving leeway for investment tribunals to limit Myanmar?s policy space in a manner that
would not be possible under the ASEAN investment treaties. Myanmar also appears to provide more extensive
pre-establishment rights to Japan than it provides to ASEAN member states under the ASEAN Comprehensive
Investment Agreement (ASEAN CIA), and it could be argued that the rights granted to Japanese investors must now
also be extended to investors of the other nine ASEAN states..."
Source/publisher:
International Institute for Sustainable Development
Date of Publication:
2014-09-12
Date of entry:
2014-09-23
Grouping:
- Individual Documents
Category:
Language:
English
Local URL:
Format:
pdf
Size:
919.17 KB